Central District Consumer Bankruptcy Attorney's Association

Bizzare as that may seem it is correct for domestic support debts.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868
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On Fri 28/05/10 12:41 PM , Holly Roark hollyroark22@gmail.com sent:
So in other words they can proceed to garnish postpetition wages
(which they just did today), and they don't need to get relief from
stay. Holly Roark
On Thu, May 27, 2010 at 5:40 PM, Mark T.Jessee wrote:
Holly:
Look at Sections 362(b)(2)(B) & (C) more closely. Domestic Support
Creditor cannot go after property of the estate under (B) and can only
seek to withhold income that is property of the estate under (C).
Attny cannot go hit the bank accounts, etc that are assets of the
bankruptcy estate. Postpetition acquired assets are a different
story....
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED
RECIPIENT OF
THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE
PRIVILEGED BY
LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE,
DISSEMINATION,
DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED.
PLEASE NOTIFY
US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
On Thu 27/05/10 5:23 PM , Holly Roark hollyroark22@gmail.com [2]
sent:
Wow. And with (a)(5) there is no stay so atty can go ahead and hit
bank accounts, etc. without getting relief from stay.
--
Holly Roark
holly@roarklawoffices.com [3]
www.roarklawoffices.com [4]
Central District of California
Consumer Bankruptcy Attorney
--
Holly Roark
holly@roarklawoffices.com [5]
www.roarklawoffices.com [6]
Central District of California
Consumer Bankruptcy Attorney
Links:
[1] mailto:mjessee@jesseelaw.com
[2] mailto:hollyroark22@gmail.com
[3] mailto:holly@roarklawoffices.com
[4] http://www.roarklawoffices.com/
[5] mailto:holly@roarklawoffices.com
[6] http://www.roarklawoffices.com
[7] mailto:cdcbaa@yahoogroups.com?subjectRe: [cdcbaa] Family law
collections and the Stay questions
[8]

The post was migrated from Yahoo.

So in other words they can proceed to garnish postpetition wages (which they
just did today), and they don't need to get relief from stay.
Holly Roark
On Thu, May 27, 2010 at 5:40 PM, Mark T.Jessee wrote:
>
>
> Holly:
>
> Look at Sections 362(b)(2)(B) & (C) more closely. Domestic Support
> Creditor cannot go after property of the estate under (B) and can only seek
> to withhold income that is property of the estate under (C). Attny cannot
> go hit the bank accounts, etc that are assets of the bankruptcy estate.
> Postpetition acquired assets are a different story....
>
> Mark T. Jessee
> Law Offices of Mark T. Jessee
> "A Debt Relief Agency"
> 50 W. Hillcrest Drive, Suite 200
> Thousand Oaks, CA 91360
> (805) 497-5868
>
> NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT
> OF
> THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
> LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,
> DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE
> NOTIFY
> US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
> MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
>
> *On Thu 27/05/10 5:23 PM , Holly Roark hollyroark22@gmail.com sent:
> *
>
>
>
> Wow. And with (a)(5) there is no stay so atty can go ahead and hit bank
> accounts, etc. without getting relief from stay.
>
> --
> Holly Roark
> holly@roarklawoffices.com
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
>
>
>
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
So in other words they can proceed to garnish postpetition wages (which they just did today), and they don't need to get relief from stay.
Holly Roark
On Thu, May 27, 2010 at 5:40 PM, Mark T.Jessee <mjessee@jesseelaw.com> wrote:
Holly:
Look atSections 362(b)(2)(B) & (C)more closely. Domestic Support Creditor cannot go after property of the estate under (B) and can only seek to withhold income that is property of the estate under (C). Attny cannot go hit the bank accounts, etcthat are assets of the bankruptcy estate. Postpetition acquired assets are a different story....
Mark T. Jessee Law Offices of Mark T. Jessee "A Debt Relief Agency" 50 W. Hillcrest Drive, Suite 200 Thousand Oaks, CA 91360 (805) 497-5868 NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF
THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY
US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. On Thu 27/05/10 5:23 PM , Holly Roark hollyroark22@gmail.com sent:
Wow. And with (a)(5) there is no stay so atty can go ahead and hit bank accounts, etc. without getting relief from stay. -- Holly Roark
The post was migrated from Yahoo.

Holly:
Look at Sections 362(b)(2)(B) & (C) more closely. Domestic Support
Creditor cannot go after property of the estate under (B) and can only
seek to withhold income that is property of the estate under (C).
Attny cannot go hit the bank accounts, etc that are assets of the
bankruptcy estate. Postpetition acquired assets are a different
story....
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED
RECIPIENT OF
THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE
PRIVILEGED BY
LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE,
DISSEMINATION,
DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED.
PLEASE NOTIFY
US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
On Thu 27/05/10 5:23 PM , Holly Roark hollyroark22@gmail.com sent:
Wow. And with (a)(5) there is no stay so atty can go ahead and hit
bank accounts, etc. without getting relief from stay.
--
Holly Roark
holly@roarklawoffices.com [1]
www.roarklawoffices.com [2]
Central District of California
Consumer Bankruptcy Attorney
Links:
[1] mailto:holly@roarklawoffices.com
[2] http://www.roarklawoffices.com
[3] mailto:cdcbaa@yahoogroups.com?subjectRE: [cdcbaa] Family law
collections and the Stay questions
[4]

The post was migrated from Yahoo.

Wow. And with (a)(5) there is no stay so atty can go ahead and hit bank
accounts, etc. without getting relief from stay.
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
Wow. And with (a)(5) there is no stay so atty can go ahead and hit bank accounts, etc. without getting relief from stay. -- Holly Roarkholly@roarklawoffices.com
www.roarklawoffices.comCentral District of CaliforniaConsumer Bankruptcy Attorney

The post was migrated from Yahoo.

charset="windows-1251"
Obligation to attorney COULD BE and LIKELY IS a form of support. Treat as a
523(a)(5) obligation.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Holly Roark
Sent: Thursday, May 27, 2010 4:07 PM
To: bk@nacba.org; cdcbaa@yahoogroups.com
Subject: [cdcbaa] Family law collections and the Stay questions
1. Fees were awarded to ex-spouse in a family child support hearing where
child support was also awarded. Debtor is behind on child support and has
also not yet paid the atty fees.
2. I understand that under section 362(b)(2)(B), and (C), the Stay does
not apply to the continued collections of child support payments.
3. Ex-spouse's attorney says that the Stay does not apply to the
collection of his fees (but that he will seek a comfort order for relief
from Stay in any event).
I see nothing in the code that says the Stay does not apply to his fees. I
think it does, and I think he needs to get relief from Stay. [I know the
fees are not dischargeable because we are in a Chapter 7 (and debtor does
not want to be in a Chapter 13 where they could be discharged).]
Am I correct that the atty has to get relief from Stay to collect his fees
if he doesn't want to wait for the case to close? Or can he just proceed to
garnish my client's wages? Atty says that the wage garnishment order is
already in place with respect to the child support, and that he does not
need to do anything else to proceed with collections on either the child
support or his fees.
Further, atty and I have been discussing a payment plan for his fees and he
says if my client does not pay timely pursuant to the agreed plan, then he
will proceed to charge interest and will pursue other collection activity.
Can interest on atty's awarded fees accrue during the bankruptcy case while
the Stay is in effect, presuming the Stay is in effect?
Lastly, one time in another case I was able to get a bank account levy for
child support released during the course of the bk because I told the person
at the LA County Child Support services that the Stay was in place and that
their collection activity was in violation of the Stay. (I did not know
about 362(b)(2)(B), (C) at the time and apparently, neither did he.) Did I
do something wrong there?
Can someone provide me with some guidance here? Mainly I want to know:
1. Does atty need to get relief from Stay to collect on his atty fees
awarded in connection with a child support hearing?
2. Am I correct that ex-spouse can garnish debtor's wages for child support
without getting relief from Stay?
3. Can atty charge Debtor interest during the course of the bk if Debtor
does not pay the atty fees until after the bk is closed?
Thank you in advance.
Holly Roark
holly@roarklawoffic es.com
www.roarklawoffices .com
Central District of California
Consumer Bankruptcy Attorney
charset="windows-1251"
Message
Obligation to
attorney COULD BE and LIKELY IS a form of support. Treat as a
523(a)(5) obligation.


David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.

1. Fees were awarded to ex-spouse in a family child support hearing where
child support was also awarded. Debtor is behind on child support and has
also not yet paid the atty fees.
2. I understand that under section 362(b)(2)(B), and (C), the Stay does
not apply to the continued collections of child support payments.
3. Ex-spouse's attorney says that the Stay does not apply to the
collection of his fees (but that he will seek a comfort order for relief
from Stay in any event).
I see nothing in the code that says the Stay does not apply to his fees. I
think it does, and I think he needs to get relief from Stay. [I know the
fees are not dischargeable because we are in a Chapter 7 (and debtor does
not want to be in a Chapter 13 where they could be discharged).]
Am I correct that the atty has to get relief from Stay to collect his fees
if he doesn't want to wait for the case to close? Or can he just proceed to
garnish my client's wages? Atty says that the wage garnishment order is
already in place with respect to the child support, and that he does not
need to do anything else to proceed with collections on either the child
support or his fees.
Further, atty and I have been discussing a payment plan for his fees and he
says if my client does not pay timely pursuant to the agreed plan, then he
will proceed to charge interest and will pursue other collection activity.
Can interest on atty's awarded fees accrue during the bankruptcy case while
the Stay is in effect, presuming the Stay is in effect?
Lastly, one time in another case I was able to get a bank account levy
for child support released during the course of the bk because I told the
person at the LA County Child Support services that the Stay was in place
and that their collection activity was in violation of the Stay. (I did not
know about 362(b)(2)(B), (C) at the time and apparently, neither did
he.) Did I do something wrong there?
Can someone provide me with some guidance here? Mainly I want to know:
1. Does atty need to get relief from Stay to collect on his atty fees
awarded in connection with a child support hearing?
2. Am I correct that ex-spouse can garnish debtor's wages for child support
without getting relief from Stay?
3. Can atty charge Debtor interest during the course of the bk if Debtor
does not pay the atty fees until after the bk is closed?
Thank you in advance.
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1. Fees were awarded to ex-spouse in a family child support hearing where child support was also awarded. Debtor is behind on child support and has also not yet paid the atty fees.
2. I understand that under section 362(b)(2)(B), and (C), the Stay does not apply to the continued collections of child support payments.
3. Ex-spouse's attorney says that the Stay does not apply to the collection of his fees (but that he will seek a comfort order for relief from Stay in any event).
I see nothing in the code that says the Stay does not apply to his fees. I think it does, and I think he needs to get relief from Stay. [I know the fees are not dischargeable because we are in a Chapter 7 (and debtor does not want to be in a Chapter 13 where they could be discharged).]
Am I correct that the atty has to get relief from Stay to collect his fees if he doesn't want to wait for thecase to close? Or can he justproceed to garnish my client'swages? Atty says that the wage garnishment order is already in place with respect to the child support, and that he does not need to do anything else to proceed with collections on either the child support or his fees.
Further, atty and I have been discussing a payment plan for his fees and he says if my client does not pay timely pursuant to the agreed plan, then he will proceed to charge interest and willpursue other collection activity. Can interest on atty's awardedfees accrue during the bankruptcy case while the Stay is in effect, presuming the Stay is in effect?
Lastly, one time in another case I was able to get a bank account levy forchild support released during the course of the bk because I told the person at the LA County Child Support services that the Stay was in place and that their collection activity was in violation of the Stay. (I did not know about 362(b)(2)(B), (C) at the time and apparently, neither did he.)Did Ido something wrong there?
Can someone provide me with some guidance here? Mainly I want to know:
1. Does atty need to get relief from Stay to collect on his atty fees awarded in connection with a child support hearing?
2. Am I correct that ex-spouse can garnish debtor's wages for child support without getting relief from Stay?
3. Can atty charge Debtor interest during the course of the bk if Debtor does not pay the atty fees until after the bk is closed?
Thank you in advance.
-- Holly Roarkholly@roarklawoffices.comwww.roarklawoffices.comCentral District of California
Consumer Bankruptcy Attorney

The post was migrated from Yahoo.